Current through Vol. 24-16, September 15, 2024
Rule 13a.
(1) If a
person whose license was denied or revoked under section 303(2)(c) or (g) of
the act, or denied or revoked under section 303(2)(d) of the act for 1
conviction for a violation or attempted violation of section 625(4) or 625(5),
or any prior or subsequent enactment of those provisions, whether under a law
of this state, a local ordinance substantially corresponding to a law of this
state, or a law of another state substantially corresponding to a law of this
state, was granted a restricted license on or before October 1, 1999, and the
hearing officer continues the restricted license following a hearing held after
October 1, 1999, then the hearing officer may do both of the following:
(a) Require the installation of a BAIID on
each motor vehicle the person owns or intends to operate, the costs of which
shall be borne by the person whose license is restricted.
(b) Condition the issuance of the continued
restricted license upon verification by the department that a BAIID has been
installed.
(2) A
restricted license permitted under section 319(8)(g) of the act shall not be
issued until proof of the installation of the BAIID required under section
319(8)(h) of the act is provided to the department.
(3) The minimum period required by section
322(9) of the act begins when both of the following have occurred:
(a) The petitioner provides verification to
the department that a BAIID has been installed.
(b) The department issues a valid restricted
license to the petitioner.
(4) If a restricted license issued under
section 322(6) of the act requiring a BAIID is interrupted, the hearing officer
may aggregate the periods of time that a restricted license which included a
BAIID requirement was actually operative to determine whether the minimum
period required by section 322(9) of the act has been met.
(5) The manufacturer, installer, or service
provider shall service an installed BAIID not less than once every 60
days.
(6) The manufacturer,
installer, or service provider of a BAIID shall submit a report to the
department if any of the following occur:
(a)
Servicing of the BAIID indicates that the person has committed a major or minor
violation as defined in Rule 1a.
(b) Servicing of the BAIID indicates that the
person whose license is restricted under section 319(8)(g) of the act operated
or attempted to operate the vehicle with a blood alcohol level of 0.025 grams
per 210 liters of breath or higher. For the purposes of this subdivision, a
person is presumed to have operated with a blood alcohol level of 0.025 grams
per 210 liters of breath or higher if the person fails to take any retest
prompted by the BAIID. This subdivision does not apply if either of the
following occurs:
(i) For a start-up test, a
start-up test failure occurs within the first 2 months after installation of
the BAIID, or if within 15 minutes of that detection the person delivers a
breath sample that the BAIID analyzes as having an alcohol content of less than
0.025 grams per 210 liters of breath.
(ii) For any retest prompted by the BAIID,
within 5 minutes of that detection the person delivers a breath sample that the
BAIID analyzes as having an alcohol content of less than 0.025 grams per 210
liters of breath.
(c) A
driver causes a manufacturer, installer, or service provider to remove a BAIID
without a written order from the department authorizing the removal. This
subdivision does not apply if a BAIID is installed within 7 days after removal
in any vehicle owned or operated by a driver whose license is
restricted.
(7) A report
shall be submitted to the department not later than 5 business days after an
event listed under subrule (6) of this rule occurs or becomes known to the
manufacturer, installer, or service provider. The manufacturer, installer, or
service provider may also submit a written report to the department of any
other activity that may violate these rules or a restricted license requiring
use of a BAIID issued by the department under section 322 or 319 of the
act.
(8) A manufacturer, installer,
or service provider shall submit a report required by subrule (6) of this rule
on a form and in a manner prescribed by the department and at the same time
shall provide a copy of the report to the person for whom a report is required
by subrule (6) of this rule.
(9) A
report required under subrule (6) of this rule shall include the following
information:
(a) All major and minor
violations revealed by the servicing of the BAIID since the BAIID was installed
or since the last servicing, whichever is later.
(b) Unless subrule (6)(b)(i) or (ii) of this
rule applies, all instances where the BAIID has recorded a blood alcohol level
of 0.025 grams per 210 liters of breath or higher.
(c) All dates of BAIID installation and
removal.
(d) Any relevant
documentation and BAIID logs that support the event(s) indicated in the report,
including BAIID logs from the day before and the day after the indicated
event(s).
(e) Any other information
required by the department.
(10) A report required under subrule (6) of
this rule shall not be rescinded by a manufacturer, installer, or service
provider.
(11) If a major violation
is reported to the department, then all of the following provisions apply:
(a) The department shall reinstate the
original revocation or denial, or both, under section 303 of the act and shall
give not less than 5 days' written notice to the petitioner.
(b) If a written request for a hearing is
filed within 14 days after the reinstatement under subdivision (a) of this
subrule, then the department shall schedule a hearing.
(c) At a hearing scheduled under this
subrule, the petitioner has the burden of establishing that the reinstated
section 303revocation or denial, or both, should be set aside or
modified.
(12) If a
minor violation is reported to the department, then the department shall extend
the period of time before another hearing may be held by 3 months and shall
extend the minimum period of time for the BAIID requirement by 3
months.
(13) After the minimum
monitoring period defined in Rule 1a, all of the following provisions apply:
(a) If a restricted license was issued under
subrule (2) of this rule, the department may order the removal of the BAIID
only after receipt of verification from the manufacturer, installer, or service
provider that the person subject to using a BAIID has operated the vehicle with
no instances of reaching a blood alcohol level of 0.025 grams per 210 liters of
breath or higher. The person does not have an instance of reaching a blood
alcohol level of 0.025 grams per 210 liters of breath or higher if either of
the following occurs:
(i) Within 15 minutes of
that detection on a start-up test the person delivers a breath sample that the
BAIID analyzes as having an alcohol level of less than 0.025 grams per 210
liters of breath.
(ii) Within 5
minutes of that detection on any retest prompted by the BAIID the person
delivers a breath sample that the BAIID analyzes as having an alcohol level of
less than 0.025 grams per 210 liters of breath.
(b) The department may order the removal of
the BAIID if the only instances of reaching a blood alcohol level of 0.025
grams per 210 liters of breath or higher occurred within the first 2 months
after the BAIID was installed.
(c)
The person subject to using a BAIID shall obtain a BAIID report from every
manufacturer, installer, or service provider with which that person has had a
BAIID installed.
(d) Upon the
request of a person subject to using a BAIID, the manufacturer, installer, or
service provider shall prepare and submit a BAIID report to the department
within 5 business days of the request on a form and in a manner prescribed by
the department.
(e) As directed by
the department, the person subject to using a BAIID shall submit the report
required under this subrule to the department.
(f) A person subject to using a BAIID may be
required to prove that he or she had the BAIID for the minimum time period
required by the act.
(14) Notwithstanding subrule (13) of this
rule, at the conclusion of each 12-month period that a person has a BAIID
installed in a vehicle, and anytime a person subject to using a BAIID causes a
BAIID to be removed, the manufacturer, installer, or service provider shall
prepare and submit to the department a report on a form and in a manner
prescribed by the department, and shall provide a copy of the report to the
person subject to using a BAIID.
(15) At the request of the department, a
manufacturer, installer, or service provider shall provide any information and
documentation relevant to the department's monitoring of a person using a
BAIID.
(16) A manufacturer,
installer, or service provider shall not provide overrides or override
instructions to a person using a BAIID, or to someone on behalf of the person
using a BAIID, unless such override is permitted by the national highway
traffic safety administration's model specifications for BAIID, 57 Fed Reg
11772 (April 7, 1992), or authorized by the department.
(a) If an override or override instruction is
provided to a person using a BAIID or to someone on behalf of the person using
a BAIID, the manufacturer, installer, or service provider shall service the
BAIID within 24 hours and submit a report to the department on a form and in a
manner prescribed by the department within 1 business day of the
service.
(b) If the BAIID is
installed in a vehicle that becomes inoperable or otherwise unable to be
serviced beyond 24 hours, the manufacturer, installer, or service provider
shall service the BAIID within 24 hours of the vehicle's return to
operation.
(17) The
department shall inform a BAIID manufacturer, installer, or service provider
when an order authorizing removal of a BAIID is issued. This subrule does not
apply unless the manufacturer, installer, or service provider requests, in a
manner prescribed by the department, to be informed when a BAIID removal
authorization order is issued.
(18)
Unless otherwise provided in the act or these rules, this rule applies to any
BAIID the department is required to monitor under the act.
